So, even if your H were to somehow get custody (not likely), your atty would insist that you have a Right of Refusal Clause put in the agreement. So, that would take a lot of wind out of your AH's sails right there. You'd essentially have "daytime" custody even if he were awarded custody. I don't know what hours your AH works, but most full time working people are gone from the home about 60 hours a week or more because of travel time, lunch hour, plus the 8 hour work day.
What is Covered Under a Right First of Refusal Clause?
Basically, right of first refusal means that before a parent can use the services of a daycare, sitter or relative they must give the other parent the option to be with the child. If your ex is not going to be with your child, you want the opportunity to spend that time with the child.
What Circumstances are Covered Under the Right of First Refusal?
After work daycare; if either parent is available to keep the child while the other works, that parents has the right of first refusal.
If a parent has a date, the other parent has the right of first refusal over plans to leave the child with a sitter or third party caregiver.
If a child has a doctor’s appointment and the custodial parent is unable to take the child, the non-custodial parent has the right of first refusal.
If a parent plans a vacation the other parent has the first right of refusal when it comes to deciding who the child stays with during the parent’s absence.
The list goes on and on. Essentially what right of first refusal does is make it impossible for one parent to leave in the care of anyone without first giving the other parent to option of keeping the child.